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GRIGSBY v. MABRY

Nos. 80-1262, 80-1286.

637 F.2d 525 (1980)

James T. GRIGSBY, Appellant, v. James MABRY, Commissioner, Arkansas Department of Correction, Appellee. James T. GRIGSBY, Appellee, v. James MABRY, Commissioner, Arkansas Department of Correction, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided November 6, 1980.

Attorney(s) appearing for the Case

William R. Wilson, Jr., argued, Wilson & Engstrom and Thomas M. Carpenter, Lessenberry & Carpenter, Little Rock, Ark., for appellant.

Steve Clark, Atty. Gen., for the State of Ark., Victra L. Fewell and Jack W. Dickerson, argued, Asst. Attys. Gen., Little Rock, Ark., for appellee.

Before LAY, Chief Judge, GIBSON, Senior Circuit Judge, and HEANEY, Circuit Judge.

LAY, Chief Judge.

Petitioner Grigsby was convicted of capital felony murder in Franklin County Circuit Court for the State of Arkansas. In 1978, Grigsby filed a petition for a writ of habeas corpus in district court, alleging, among other grounds, that the determination of his guilt by a "death-qualified" jury deprived him of trial by a fair and impartial jury.1 The district court held "that the refusal of the trial court to allow a continuance...

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